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HomeMy WebLinkAbout85-51 . ,11 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 85- 51 being a By-law to amend By-law 84-63, Comprehensive Zoning By-law of the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By-law 84-63 of the Corporation of the Town of Newcastle. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. By-law 84-155 of the Corporation of the Town of Newcastle is hereby repeal ed. 2. Section 2 of By-law 84-63 is hereby amended by adding to the definition of "Private Club" the words "or lands" following the word "building" in the 1st line. 3. Section 2 of By-law 84-63 is hereby amended by adding to the definition of "FLOOR AREA, TOTAL ", the following sentences: "For the purposes of thi s By-l aw, TOTAL FLOOR AREA for residential dwelling units shall be the total floor area of the dwelling exclusive of any garage or carport, or basement or cellar not intended for human habitation. For the purposes of this By-law, TOTAL FLOOR AREA, LEASABLE, shall mean the total floor area of a commercial or industrial building or structure exclusive of any internal common areas and/or common mechanical or service rooms shared with other tenants II . 4. Section 3.7(c)ii) of By-law 84-63 is hereby amended by adding the words "has access to" after the word "10t" in the 4th line and deleting the words "fronts on" in the 5th line, and adding the word "perpetual" after the word "private" and deleting the word "and" being the first word in the 6th line, and replacing same with the word "which". 5. Section 3.9 of By-law 84-63 is hereby amended by adding the word "residential" following the word "existing" in the 4th line, and deleting the words lithe non-residential uses permitted by the Agricultural (A) zone" in the 4th line and replacing same with the words "conservation, forestry and farm uses exclusive of livestock operations" and by deleting the word "and" following the word "lands" in the seventh 1 i ne and rep 1 aci ng same wi th a "comma ", and by deleting the words "and/or the Regional Municipality of Durham" in the last line and replacing same with the words "and the Owner has satisfied all of the requirements of the Regional Municipality of Durham with respect to the provision of sewer and water services and Regional roads and entered into any necessary agreements in this regard". I File NO.~.;.~~._._......_.....J - 2 - 6. Section 3.14{a) "Parking Space Requirement Table" of By-law 84-63 is hereby amended by deleting the minimum off-street parking requirement opposite "Residential - (i) Apartment, Four-plex or Converted Dwelling House" and replacing with the following minimum off-street parking requirements: "l Bedroom Apartment - 1 space per unit 2 Bedroom Apartment - 1.25 spaces per unit Apartment containing 3 or more bedrooms, four-plex or converted dwelling house - 1.5 spaces per unit" 7. Section 3.14(e) of By-law 84-63 is hereby amended by deleting the word "habitable" in the 6th line, and replacing same wi th the word "tota 1 II and by addi ng the fo 11 owi ng sentence after the words "requirement table" in the 8th line. "If an addition is made to a residential building or structure which increases the habitable floor area, then parking spaces shall be provided in accordance with the requirements of the Parking Space Requirement Table". Section 3.14(e) is further amended by deleting the word "or" in the 9th line and replacing with a "comma" and adding the words "or lot" following the word "structure" in the 9th line. 8. Section 3.18 of By-law 84-63 is hereby amended by deleting the words "public Health" in the 5th line and replacing with the words "Health Protection and Promotion". 9. Section 6.1(a)iii) of By-law 84-63 is hereby amended by adding the words "containing not more than two (2) dwelling units and occupied by persons employed on the same lot or members of the owner's inwnediate family" after the words "converted dwelling". 10. Section 6.1(b) of By-law 84-63 is hereby amended by adding thereto a new Subsecti on "X) pri vate kennel s II . 11. Section 6.1(c) of By-law 84-63 is hereby deleted in its entirety. 12. Section 6.3{g) of By-law 84-63 is hereby amended by adding the words lito be an exi sti ng non-complyi ng lot and shall be subject to the provi si ons of Secti on 3.6 hereto, and shall be deemed" after the word "deemed" in the 7th line. 13. Section 6.4.1{a)iii) of By-law 84-63 is hereby amended by adding the words "containing no more than two (2) units and occupied by persons employed on the same lot or members of the owner's inwnediate family" after the words "converted dwell ing". - 3 - 14. Section ll.2(d)ii) of By-law 84-63 is hereby amended by deleting the words "seasonal dwell ing". 15. Section 12.2{d) of By-law 84-63 is hereby amended by deleting Subsection iii) in its entirety and replacing with the following new Subsection iii): "ii;) interior sideyard - single detached dwelling with an attached garage or carport 1.20 metres - single detached dwelling without an attached garage or carport 4.5 metres on one side, 1.2 metres on the other - semi-detached dwelling with an attached garage or carport 1.20 metres - semi-detached dwelling without an attached garage or carport 3.0 metres 16. Section 12.4.1 of By-law 84-63 is hereby amended by adding the letter "(a)" following the words "Section 12.1" in the 1st line. 17. Section 12.4.2 of By-law 84-63 is hereby amended by adding the letter "(a)" following the words "Section 12.1" in the 1st line. 18. Section 12.4.11 of By-law 84-63 is hereby amended by deleting the numeral "12.1" in the 1st line and replacing with the numeral "12.2". 19. Section 13.2{c) of By-law 84-63 is hereby amended by deleting Subsection iii) interior sideyard in its entirety and replacing with the following new iii). "iii) interior sideyard - with an attached garage or carport - without an attached garage or carport 1 .20 metres 4.5 metres on one side, 1.2 metres on the other 20. Section 14.6.5 of By-law 84-63 is hereby amended by deleting the numeral "14.4" in the 2nd line and replacing same with the numeral "14.3". 21. Section 16.1(c) of By-law 84-63 is hereby amended by deleting the word "adequately" in the 7th line and adding the word "municipal" fo 11 owi ng the word II by II . Section 16.1(c) is hereby further amended by deleting the words "adequate access" in the 8th line and adding the word "access" following the word "vehicular". - 4 - Section 16.1(c) is hereby further amended by deleting the words "adequatell and 11ands" in the 9th line and adding the words "in accordance with the requirements of Section 3 hereof" after the word "provided". Section 16.l(c) is hereby further amended by deleting the words "will have adequate" in the 10th line and adding the words "of the lands will not impact upon adjoi ni ng lands or streets II foll owi ng the word "drainage". 22. Section 16.2(b) of By-law 84-63 is hereby amended by adding thereto the following words immediately after the word IIbe10w": "and the minimum dwelling unit areas contained in Section 15.2(d) hereof". 23. Section 19.4 of By-law 84-63 is hereby amended by adding thereto the following new Subsection 19.4.7 as follows: 1119.4.7 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C4-7) ZONE Notwithstanding Sections 19.1 and 19.3, those lands zoned C4-7 on the schedules to this By-law shall be subject to the following zone regulations: PERMITTED NON-RESIDENTIAL USES a. sales and service outlet for boats, boat motors, snowmobiles, motorcycles and uses, buildings and structures accessory thereto. b. a sales outlet for new and used automobiles, house trailers, motor homes and uses, buildings and structures accessory thereto. c. a retail sales outlet for stoves, furnaces and fireplaces designed for use in residential buildings and uses accessory thereto. REGULATIONS FOR NON-RESIDENTIAL USES a. Lot Coverage i) all buildings (maximum) ii) outside display area (maximum) 10 percent 35 percent b. Parking Spaces (minimum) 10 - maximum number of automobiles for display at one time 30 II 24. Section 19.4 of By-law 84-63 is hereby amended by adding thereto the following new Subsection 19.4.8 as follows: "19.4.8 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C4-8) ZONE Notwithstanding Section 19.1, those lands zoned C4-8 on the schedules to this By-law may only be used for a trailer park or trailer camp in accordance with the provisions of Section 6.4.11 hereof and/or a retail sales and/or service establishment with outdoor displ~ areas for recreational vehicles, equipment and accessories in accordance with the provisions of Section 19.3 hereof". - 5 - 25. Section 20.3(c) of By-law 84-63 is hereby amended by deleting the words "public Health" in the 10th line and replacing same with the words "Health Protection and Promotion". 26. Section 20.4.3 of By-law 84-63 is hereby amended by deleting the numeral "20.1" in the 1 s t 1 i ne and rep 1 aci ng same wi th the numeral "20.2". 27. Section 20.4.7 of By-law 84-63 is hereby amended by deleting the numeral "20.1" in the 1st line and replacing same with the numeral "20.2". 28. Section 22.2 of By-law 84-63 is hereby amended by deleting the numeral "21.2" in the 4th line and replacing same with the numeral "21.3". 29. Section 23.1{b)xiv) of By-law 84-63 is hereby amended by deleting the words "a retail sales and/or service establishment for motor vehi c 1 e equi pment and accessori es II and rep 1 aci ng same wi th the words "a motor vehicle repair garage". 30. Schedule 2 of By-law 84-63 is hereby amended as follows: a. by deleting the IC4-14" zone designation of Part of Lot 24, Concession 8, geographic Township of Clarke and replacing same with a IC4-7" zone classification. 31. Schedule 3 of By-law 84-63 is hereby amended as follows: a. by deleting the IRl-12" zone designation on the lands shown on Schedule "X" hereto and replacing same with a "Cl-l" zone designation; b. by deleting the IC5" zone designation of Part of Lot 15, Broken Front Concession, and replacing same with the "Ml" zone designation. 32. Schedule 4 of By-law 84-63 is hereby amended as follows: a. by adding an "Rl" zone symbol to the lands so designated on the attached Schedule "X-i" hereto. 33. Schedule 5 of By-law 84-63 is hereby amended as follows: a. by deleting the "A-ll" zone designation on Part of Lot 25, Concession 1, and replacing same with the zone designation IC4-8". 34 This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this 22nd BY-LAW read a second time this 22nd BY-LAW read a third time and finally April 1985. day of Apri 1 day of April passed this 22nd 1985 1985 day of ~A/~ MAYOR /~~ r CLERK This is Schedule "X" to By-law 85 -~, passed this2nd day of April A.D. 1985. WELLINGTON STREET 01 ~ ~ w W J- \DO:: W ~~ W ~(f) 0:: I- W (f) U Z 0:: <t 0:: W W ~ a.. - ~ (f) w ~ 110.58 CHURCH STREET (SEAL) ~~ Mayor to Al~ ~ ZONE CHANGE TO C I-I LOT 15 Clerk 20m o 10 20 40m Ii 0 Key ';A. I This is Schedule "X-1"to By-law 85-~, passed this 22nd day of April A.D. 1985. ~ ZONE CHANGE TOuR1" I ,-,""" L_'_' I -7 ., :; 'T I i'\""T'" L_,,, I -.z. -~ ,-' -...,1 (SEAL) ~d~~ I j (00, ~. Clerk o 50 100 .......~ - &0 200 300m . Key Map -Former Township of Darlington .rd'~ ... It"" LOT 35 LOT 34 I LOT 33 I I 1 ER I I ~i 1 I z! o. _I g;1 WI u, z' 01 u\ I R\ RI RI